本研究旨在探討我國公部門之聘用人事制度。各國人事制度走向政府彈性用人的趨勢，而有契約性人力制度，顯見公部門進用聘用人員乃世界潮流。透過整合將聘用人事之規範事項制度化，與常任文員的權責、權益劃分是必需的。現行聘用人事制度，雖然名為彈性用人及為業務需求特性而設，實則多呈現久任之現象。聘用人員的進用與常任人員最大的不同點，在於毋須經過國家考試，而由各進用機關之甄審委員會辦理公開甄選。為避免進用聘用人員之過度擴張而破壞憲法架構下考試舉才之制度，或甚而用人惟私、破壞文官體制正常升遷管道之不公平現象發生，有必要以一套完整法制來規範政府的聘用人事制度，除保障聘用人員薪資、保險、退休等權利以外，並擬定明確之考核辦法與退場機制，以達政府進用契約性人員透明化，活化政府人力資源的運用。次之，就聘用人員人事條例草案中所規範之人事事項，是否具合理性與妥適性，而能建構一套關於聘用人員的進用、退場機制到保障相關規定的完整聘用人事制度，提出政策上之建議。
本研究發現，聘用人員之進用方式雖然非經國家考試，而是由各進用機關之甄審委員會辦理公開甄選，但其智識、程度、技能必有一定水準始為進用機關所錄用。這些具備專業性、技術性人員既然能為公部門所進用且多有久任現象，顯見該職務應討論是否回歸經由國家考試的管道進用，或者提供這些優秀的聘用人員透過與一般考生區隔之國家考試轉任正式公務員的管道。專業性、技術性人才培養不易，聘用人員基於其具有專業性與技術性的特點，對於業務的嫻熟程度必定優於新進之國家公務員。人盡其才乃國家之福，現行草案對於聘用人員之進用、退場機制及保障雖然有所規範，若能在聘用人員的進路面向積極規劃，必定更臻完美。
This study aims to investigate the contract-based employment mechanism of our nation. The global trend of government personnel systems has gravitated towards flexible hiring and the contract-based employment system was thus developed. This shows that the contract-based personnel employment in public sectors is a global trend. Therefore, the institutionalization of contract-based personnel regulations to differentiate their obligations and benefits from permanent employees through integration becomes necessary. Although the current contract-based employment mechanism was established due to the need of flexible hiring and operational necessity, the reality is that most become akin to permanent staff. The main difference between contract-based hires and permanent staff is that contract-based personnel are not selected according to national examination results, but by a hiring committee of the employing organization. In order to prevent such situations of the overexpansion of the contract-based hires damaging the national examination system, hires based on personal reasons and the damaging of the normal promotional avenues of public officials, a set of regulations must be put into place to manage the public sector’s contract-based personnel. In addition to ensuring the salaries, insurances, and retirement benefits of the contract-based personnel, clear evaluation, and dismissal procedures will also be put into place in order to make the whole process more transparent and enliven public personnel resources. The secondary aim is to provide policy suggestions for the reasonability and suitability of the Contract-Based Personnel Management draft regarding the establishment of a complete contract-based employment regulation system including hiring, dismissal, and insurance.
The study has discovered that although contract-based personnel are not hired by their national examination results but by committees, they must possess a certain degree of knowledge and skill levels to be hired. The employment and subsequent long-standing employment of these professional and technical personnel shows that the possibility for including these positions in the national examination. Another plausible option is to provide these contract-based personnel a channel of becoming public officials aside from regular national examinations. The cultivation of professional and technical talent is no easy task. The skill levels of these personnel ensure their superior performance compared to regular newly-hired public officials. The full usage an individual’s talent can only benefit the state as a whole. The current draft already has regulations in place for the hiring, dismissal, and insurance of contract-based personnel. However, there is still room for improvement if a more comprehensive and active plan for the promotion of these employees is included.
